M. S. H. QURESHI, J.-In this case respondents 1 and 2 had affixed court-fee of Rs. 2.00 only on their plaint when they instituted the pre-emption suit on 17-7-1974. They did not make up the deficiency within the time allowed by the Court. They made it up on 19-1-1979, just a few days before the decree was passed. The appellate Court took notice of it and remanded the matter to the trial Court for a fresh decision. In revision, the learned Member, Board of Revenue, on-suited them on account of their not having made up the deficiency in the Court-fee for six years. The High Court, however, held the decision to be unlawful and of no legal effect on the view that the question of late payment of the Court-fee, which had not been taken in the suit or the memorandum of appeal, could not be imported belatedly. Leave is granted to consider whether the High Court in its constitutional jurisdiction could have interfered with the order of the Member, Board of Revenue.
Security Rs. 2.000.00 (Rupees two thousand only).
2. Mailk Talib Hussain Awan, Advocate, accepts notice on behalf of respondents Nos. 1 and 2.
3. Pending the disposal of the appeal, the proceedings before the trial Court shall be stayed.